Guyana- International treaties – CBD
RATIFIED INTERNATIONAL INSTRUMENTS
Guyana
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
Art.1
The legal framework reflects the objective of biodiversity conservation and the sustainable use of these elements..
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PROTECTED AREAS ACT
Section 3 (extract): The objectives of this Act are - (a) to provide for the conservation of biological diversity, natural landscapes, seascapes and wetlands; [...] (h) to promote ecologically sustainable development. |
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GUYANA FORESTRY COMMISSION ACT
Section 4: The object of the Commission is to encourage the development and growth of forestry in Guyana on a sustainable basis |
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ENVIRONMENTAL PROTECTION ACT
Preamble: AN ACT to provide for the management, conservation, protection and improvement the environment, the prevention or control of pollution, the assessment of the impact of economic development on the environment, the sustainable use of natural resources and for matters incidental thereto or connected therewith. Section 1 (extract): The functions of the Agency are:-[...] (h) to co-ordinate and maintain a programme for the conservation of biological diversity and its sustainable use; |
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Constitution of the Co-operative Republic of Guyana Act
Section 149 j. (2) The State should protect the environment for the benefit of present and future generations, through reasonable legislative and other measures designed to- (c) secure sustainable development and use of natural resources. |
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NATIONAL BIODIVERSITY POLICY AND ACTION PLAN
SO2: Promote the conservation, sustainable use and value of biodiversity into key productive sectors used for growth, expansion and diversification of the economy. SO8: Strengthen the knowledge base and capacity for conservation, management and sustainable use of biodiversity. |
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WILDLIFE CONSERVATION AND MANAGEMENT ACT
Preamble: An Act to provide for the protection, conservation, management, sustainable use, internal and external trade of Guyana’s wildlife. Section 6 (1) (extract): The functions of the Commission shall be to –(a) take such steps as are necessary for the effective management of wildlife so as to ensure its conservation, and sustainable use [...] |
Art.1
The legal framework allows for the establishment of mechanisms for sharing the benefits generated by the use of genetic resources (including those related to wildlife), such as satisfactory access to genetic resources and appropriate transfers of technology.
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IWOKRAMA INTERNATIONAL CENTER FOR RAIN FOREST CONSERVATION AND DEVELOPMENT ACT
Section 8 (3): The Centre shall develop and adopt procedures for recognising and rewarding the contributions of Amerindian and other rural communities in the conservation and improvement of genetic resources of economically useful plant and animal species. The Centre shall also take steps to protect, recognise and reward the intellectual knowledge and contributions of indigenous communities in the field of sustainable forest management through an appropriate intellectual property rights system. |
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NATIONAL POLICY ON ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF BENEFITS ARISING FROM THEIR UTILISATION
Section 4 FACILITATING ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF THE BENEFITS ARISING FROM THEIR USE. GUIDELINES FOR BIODIVERSITY RESEARCH: (31) that the Agreement, whether it be Academic or Commercial, shall include a provision for the payment of an agreed part of any financial gain, including royalties, derived from the research and/or development of any biological or genetic material taken from Guyana, to the Guyana Government, local or indigenous cultural community, individual person or designated beneficiary in the event that a commercial application is discovered. Further, that entities which develop commercial applications and are obliged to share their profits with the Government of Guyana, shall consent to independent public accountants examining such books and records as are necessary to ensure accurate payment in conformity with whatever financial agreement was arranged |
Art.2
The legal framework defines of “sustainable use”.
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WILDLIFE CONSERVATION AND MANAGEMENT ACT.
Section 2 (1) (vv): “sustainable use” means present use which does not compromise the right to use the same resource by future generations. |
Art.2
The legal framework defines “in-situ and ex-situ conservation”.
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NATIONAL POLICY ON ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF BENEFITS ARISING FROM THEIR UTILISATION
"Ex situ conservation" means the conservation of components of biological diversity outside their natural habitats. "In situ conservation" means the conservation of ecosystems and natural habitats and the maintenance and recovery of viable populations of species in their natural surroundings and, in the case of domesticated or cultivated species, in the surroundings where they have developed their distinctive properties. |
Art.2
The legal framework defines biodiversity as the variability of living organisms from all sources and includes not only diversity within species and between species but also that of the ecosystems and ecological complexes of which they are part.
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PROTECTED AREAS ACT
Section 6 (extract): In this Act- [...] (f) "biological diversity" means the variability among living organisms from all sources, including, )inter alia, terrestrial ecosystems, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems. |
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WILDLIFE AND CONSERVATION, MANAGEMENT AND SUSTAINABLE USE REGULATIONS
Section 2 (extract): In these regulations unless the context otherwise requires [...] (d) "Biodiversity" means the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and ecological complexes of which they are a part; this includes diversity within species, between species and of ecosystems. |
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IWOKRAMA INTERNATIONAL CENTER FOR RAINFOREST CONSERVATION AND DEVELOPMENT ACT
Section 2 (extract): In this Act- [...] "Biological Diversity" means the variety and variability among all living organisms found in the rainforest and the ecosystems and ecological processes of which they are part. [...] |
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NATIONAL POLICY ON ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF BENEFITS ARISING FROM THEIR UTILISATION
"Biodiversity or Biological diversity” means the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems. |
Art.3
The legal framework reflects the responsibility to ensure that activities within the country jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.
No relevant elements identified/documented |
Art.5
The legal framework encourages the cooperation with other Contracting Parties (directly or, where appropriate, through competent international organizations) in respect of areas beyond national jurisdiction and on other matters of mutual interest, for the conservation and sustainable use of biodiversity..
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POLICY ON BIOTECHNOLOGY, BIOSAFETY AND BIOSECURITY.
2. Ensure effective control of trans-boundary movement of GMOs or products thereby resulting from modern biotechnology through exchange of information and a scientifically based, transparent system of advance informed agreement. |
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NATIONAL POLICY ON ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF BENEFITS ARISING FROM THEIR UTILISATION.
Section 2. Policy Statement and Objectives- b. Set the conditions to facilitate access to the genetic resources of Guyana and enable the GoG to access the genetic resources of other contracting Parties of the CBD, as well as those Parties that are not as yet CBD-compliant. |
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WILDLIFE CONSERVATION AND MANAGEMENT ACT.
Section 6 (y) promote cooperation with any agency of any country, international organisation, regional, national or other person or entity in matters relating to the conservation, management and sustainable use of wildlife. |
Art.6 (a)
National strategies, plans or programmes for the conservation and sustainable use of biodiversity (including wildlife) exist, and/or the legal framework allows for their development or the adaptation of other existing national plans.
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WILDLIFE AND CONSERVATION, MANAGEMENT AND SUSTAINABLE USE REGULATIONS.
Section 5 (2) Where the re-classification of any wildlife is due to a determination being made that such wildlife is critically endangered, endangered or vulnerable, the Commission shall within one year prepare a Management Plan that would specify the conservation activities that will be undertaken to either halt the continued decline of the population or assist in the stabilisation and or recovery of the species to a secure status. Section 9 (1) The Commission shall, in respect of any agreement concluded pursuant to regulations 7 and 8 (agreements for the management, conservation and protection of wildlife), caused to be prepared a detailed written programme of the operations that the Commission proposes to undertake on or in relation to the area for such period, not exceeding ten years as is specified in the scheme, (2) The objectives of the programme shall be maintenance, care, study and the restoration of the natural environment, the protection and care of wild animals and plants, the propagation thereof, the promotion of the study of wild animals and plants to which the scheme relates and such other objects relating to the conservation and protection of animals and plants as the Commission considers appropriate. |
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WILDLIFE CONSERVATION AND MANAGEMENT ACT
Section 6. (1) The functions of the Commission shall be to – (r) coordinate, in consultation with stakeholders, the establishment and maintenance of wildlife conservation and management plans and programmes. |
Art.6 (b)
The legal framework allows for the integration of conservation and sustainable use of biodiversity into relevant sectoral and cross-sectoral policies.
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A NATIONAL STRATEGY FOR AGRICULTURE IN GUYANA The Vision for Agriculture 2020 is a mandate for Guyana to use its natural resources and advantages for agriculture as efficiently and sustainably as possible. This will require continuous research, training and adaptation, especially in view of the vicissitudes of climate change, evidenced by more frequent and more intense climate events such as droughts, floods and
pests and diseases ([...]) The Premise is that agriculture will continue to grow and propel Guyana towards a brighter future. Our Agriculture Vision 2020 is premised on Agriculture being the National Facilitator for Food and Nutrition Security, Economic Opportunities and for Environmental Sustainability and is based on the Low Carbon Development Strategy for which Guyana has gained international commendation ([...]) |
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AMERINDIAN ACT Section 13(1) The Functions of a Village Council are to- (f) promote the sustainable use, protection and conservation of Village lands and the resources on those lands
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GUYANA NATIONAL LAND USE PLAN Guyana calls for economic development thus prioritising economic use of land but at the same time calls for sustainable development with the mainstreaming of environmental considerations into all land use planning decisions.
Sectoral policies and strategies indicate how this may be done ([...]) |
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MINING ENVIRONMENTAL MANAGEMENT CODES OF PRACTICE. A useful strategy for sustainable environmental management in the small and medium‐scale gold and
diamond mining is co‐regulation by the various stakeholders including the GGMC, and the Miners, and Mining Industry |
Art.7 (a)
The legal framework allows for the identification of components of biodiversity that are important for its conservation and sustainable use, having regard to the indicative list of categories set down in Annex I (ecosystems and habitats, species, genomes and genes
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FISHERIES REGULATIONS.
PART VII. PROTECTION OF TURTLES. SECTION 71. No protected species of fish shall be harvested except with the written permission of an authorised officer. |
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PROTECTED AREAS ACT.
The objectives of the national protected areas system are to- (b) Protect ecologically viable areas representative of all ecosystems and habitats naturally occurring in Guyana (c) protect ecologically significant areas which are vulnerable (f) Recognise the intrinsic value of biological diversity and of the ecological, genetic, social, economic, scientific, educational, cultural, recreational and aesthetic values of biological diversity and its components. Section 6. In this Act- "ecosystem services" means benefits provided by ecosystems which include provisioning services such as food, water, timber, fibber, and genetic resources; Section 24. The objectives of the national protected areas system are to - (f) recognise the intrinsic value of biological diversity and of the ecological, genetic, social, economic, scientific, educational, cultural, recreational and aesthetic values. Section 28 (1) Before making a recommendation to the Minister (on protected areas) the Commission shall (a) Assess the biological diversity of the area including identifying species and habitats, migratory, endangered, threatened or vulnerable species and threats to species and habitats. |
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WILDLIFE AND CONSERVATION, MANAGEMENT AND SUSTAINABLE USE REGULATIONS.
Section 3. The Commission shall, be responsible for the administration of these regulations and shall discharge the following functions: (a) ([...]) determine critical habitats for wildlife (b) identify populations at risk and populations in recovery ([...]) Section 4. (2) For the purpose of these regulations wildlife may be classified in the following categories (a) Vulnerable Species ([...]) (b) Endangered Species ([...]) (c) Critically Endangered Species. Section 4. (7) The Minister may ([...]) declare that any wildlife ([...]) is critically endangered, endangered or vulnerable, or is otherwise in need of special protection and ([...]) such wildlife is protected throughout the whole of Guyana at all times. Section 4. (9) Where it appears to the Commission, based on scientific data, that it will be for the benefit of wildlife conservation and maintenance of biodiversity that a particular species be classified, the Commission may make a recommendation ([...]) FIRST SCHEDULE- Critically endangered, endangered, vulnerable species. |
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MARITIME ZONES ACT.
Section 42. The Minister may by Order declare an area within the territorial sea and the contiguous zone to be known as the maritime culture area. Section 46. The Minister may by order designate- (b) ([...]) Marine Protected Areas. |
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IWOKRAMA INTERNATIONAL CENTER for RAIN FOREST CONSERVATION AND DEVELOPMENT ACT. An Act to provide for the sustainable management and utilisation of approx. 360,000 ha of Guyana's Tropical Rainforest ([...]) and the conservation of biological diversity.
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FISHERIES (AQUATIC WILDLIFE CONTROL) REGULATIONS.
Section 3 (1). It shall be lawful for a fishery officer to issue a licence ([...]) to capture, collect, remove or slaughter any form of prescribed aquatic wildlife found in any waters of Guyana ([...]) SCHEDULE- Manatees, Arapaima, Caymans, Water Dogs, Turtles.. |
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BIODIVERSITY STRATEGY. SO1: Improve the status of biodiversity by conserving ecosystems, species and genetic diversity and by restoring biodiversity and ecosystem services in degraded areas.
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NATIONAL POLICY ON ABS. USE OF TERMS- "Biological resources" includes genetic resources, organisms or parts thereof, populations, or any other biotic component of ecosystems with actual or potential use or value for humanity.
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KAIETEUR NATIONAL PARK ACT. An Act to constitute a certain area of land ([...]) a National Park and provide for the preservation of ([...]) fauna and flora on the said park.
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WILDLIFE CONSERVATION AND MANAGEMENT ACT
Section 3. (1) This Act applies to all wildlife species including those listed in –(a) the First Schedule which lists all species included in Appendix I of the Convention; (b) the Second Schedule which lists all species included in Appendix II of the Convention; (c) the Third Schedule which lists all species included in Appendix III of the Convention. Section 6. (1) The functions of the Commission shall be to – (f) devise measures for the protection of endangered or threatened species of wildlife; (g) provide recommendations to the Minister on measures for the protection of endangered or threatened ecosystems and habitats of species of wildlife; (h) identify and recommend to the Minister, areas for dedication to wildlife conservation and the cancellation of such dedications; FIRST, SECOND, THIRD SCHEDULES (CITES APPENDIXES). |
Art.7 (b)
The legal framework allows for the monitoring, through sampling and other techniques, of the components of biodiversity, as well as enhanced monitoring of those that require urgent conservation measures and/or offer the greatest potential for sustainable use.
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FISHERIES REGULATION. PART VIII. VESSEL MONITORING SYSTEM.
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WILDLIFE CONSERVATION, MANAGEMENT AND SUSTAINABLE USE REGULATIONS.
Section 3. Any institution or individual in possession of traditional knowledge, scientific or anecdotal information indicating that the status of any species of wildlife has changed shall present such information to the Commission. Section 11 (5), 12 (5), 15 (5) Every holder of a Wildlife Trapping Licence, Wildlife Collecting License, Wildlife Recreational licence shall submit ([…]) a report that accurately sets out the numbers, dates and places of wildlife trapped, collected, hunted by the holder. |
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ENVIRONMENTAL PROTECTION ACT.
Section 4 (2). In the exercise of its functions the Agency (Environmental Protection Agency) may - (f) Conducted and co-ordinate compilation of resources inventories, surveys and ecological analysis to monitor and obtain information on the social and biophysical environment with special reference to environmentally sensitive areas and areas where development is already taking place or likely to take place. (j) Monitor and co-ordinate monitoring of trends in the use of natural resources and their impact to the environment. |
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NATIONAL BIODIVERSITY STRATEGY AND ACTION PLAN.
SO7: Improve substantially biodiversity monitoring at the national level and within key productive sectors. SO7.3: Develop biodiversity indicators for the NBSAP. SO7.4: Implement better coordinated arrangements to monitor changes in state of biodiversity. SO7.5: Increase in self-monitoring and reporting by operators. SO8: Strengthen the information knowledge base and capacity for conservation, management and sustainable use of biodiversity. SO8.1: Compile and consolidate biodiversity data and information from local, international, web based sources, local and traditional knowledge. SO8.4: Develop a database system for biodiversity which makes data freely available to users. |
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WILDLIFE CONSERVATION AND MANAGEMENT ACT.
Section 6(s) on a periodic basis, assess and report on the status of species of wildlife in Guyana in consultation and collaboration with other institutions. (x) determine and cause to be published the annual “closed season” timeframe for the hunting, trapping and trade of species of wild fauna, which annual “closed season” timeframe shall be determined through the process of consultation with stakeholders and the conduct of scientific research on the said species and that of threatened species and species in population recovery in their natural habitat; such research shall include but not be limited to that of their nesting patterns, breeding cycles, reproduction units and mortality predictions. Section 64 (1) Every person who is granted a licence, permit or certificate shall keep for inspection by duly authorised officers, accurate books, documents, records or particulars in a register to be called the Wildlife Register relating to any specimen specified in the First, Second and Third Schedules or any other wildlife showing – (a) the number of specimens the person has imported, exported, re-exported or introduced from the sea; (b) the date of such importation, exportation, re-exportation or introduction from the sea; (c) the geographical origin of the specimens exported; (d) the mortality of specimens imported, exported, reexported or introduced from the sea; (e) the morbidity, condition and quality of specimens imported, exported, re-exported or introduced from the sea; and (f) such other information as the Commission may require. Section 7. The duties of the Commission shall be to prepare annual reports regarding the importation, exportation, re-exportation and introduction from the sea of wildlife specified in the First, Second and Third Schedules or any other wildlife |
Art.7 (c)
The legal framework allows for the identification of processes and categories of activities having or likely to have significant adverse impacts on the conservation and sustainable use of biodiversity, and for the monitoring of their effects through sampling and other techniques.
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ENVIRONMENTAL PROTECTION (AUTHORISATIONS) REGULATIONS 2000.
Section 5 (1) Every holder of an environmental authorisation shall make all records required by these Regulations as soon as reasonably practicable and shall keep such records including records of any environmental monitoring for a period of not less than three years. (2) A holder of an environmental authorisation shall keep records of all sampling and analytical procedures used in meeting the requirements of paragraph (1), including for each sample, the date and time of collection, the sampling procedures used and any incidents likely to affect the analytical results. Section 12 (1) The Agency shall establish in each environmental authorisation such terms and conditions, as required on a case-by-case basis, which may include the following. (b) that the records of monitoring information indicate - (i) the date, exact place and time of measurements; (ii) the names of individuals who performed the measurements; (iii) the date the measurements were compiled or analysed; (iv) the names of individuals who compiled the information; (v) the techniques or methods supporting the information such as observations, readings, calculations and bench data used and the results of such techniques or methods; and (d) that the holder of the environmental authorisation shall establish an environmental monitoring programme at the holder’s own expense or bear the cost of such programme within such period or at such time and in such manner as the Agency may specify to make provision for – (i) a process description which contains a clear presentation of existing or planned engineering processes, a site map indicating all planned sources of emissions or discharges as well as analysis of environmental receptors such as surface water, wells and boreholes, residential and commercial areas and protected areas; (ii) inventory of planned releases that identifies the sources of release and release points, substances released and the timing of releases; (iii) methods of sampling; (iv) methods of analysis; (v) reporting procedures; (vi) recruitment and technical training of staff to conduct monitoring activities; (a) establishment of “in-house” operational procedures for environmental monitoring of air, water, noise and wastes; and (b) such other matters as the Agency may require. Section 15 (1) Where an environmental authorisation is in force it shall be the duty of the Agency to take the steps needed – (a) for the purpose of ensuring that the activities authorised by the environmental authorisation do not cause pollution of the environment or harm to human health or become seriously detrimental to the amenities of the locality affected by the activities; and (b) for the purpose of ensuring that the conditions of the environmental authorisation are complied with. Environmental Protection (Water Quality) Regulations. Section 16 (1) A holder of an environmental authorisation shall establish such sampling point or points, inspection chambers, flow meters, and recording and other apparatuses as an effluent sampling point as the Agency may, from time to time, require. Section 22 (1) The Agency may for the purpose of ensuring the biological integrity of the waters of Guyana – (a) classify receiving inland or coastal waters according to present and projected future use; (b) determine the physical, chemical and biological water quality standards according to its different uses; (c) establish a scheme for the final disposal of effluent discharges. |
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ENVIRONMENTAL PROTECTION ACT.
Section 11 (1). A developer of any project listed in the Fourth Schedule, or any other project which may significantly affect the environment shall apply to the Agency for an environmental permit ([...]) Section (4) Every environmental impact assessment shall be carried out by an independent and suitably qualified person approved by the Agency and shall:- (a) identify, describe and evaluate the direct and indirect effects of the proposed reject on the environmental including:-;(ii) flora and fauna and species habitats ([...]) FOURTH SCHEDULE- PROJECTS. (list of projects that require an EIA). Section 5. Every environmental impact assessment shall contain the following information: (c) a description by the developer of the forecasting methods used to assess the effects on the environment. Section 13 (c) the developer shall have an obligation to comply with any directions by the Agency where compliance with such directions are necessary for the implementation of any obligations of Guyana under any treaty or international law relating to environmental protection; and (d) the developer shall have an obligation to restore and rehabilitate the environment. |
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Environmental Guidelines for Preparation of an Environmental Management Plan.
Section 3.4. 4. Description of monitoring programme. Description of monitoring programme: Environmental performance monitoring should be designed to ensure that mitigation measures are implemented. The monitoring programme should clearly indicate the linkages between impacts, indicators to be measured, measurement methods and definition of thresholds that will signal the need for corrective action. A monitoring programme could comprise three aspects: i. Baseline measuring: This should occur prior to the start of the project or activity in order to determine the level and status of the environmental parameters prior to any impacts associated with the project or activity. ii. Impact (or performance) monitoring: This type of monitoring should be ongoing throughout the project’s life-cycle. Further, impact monitoring must be implemented to ensure that environmental impacts are within the predicted levels and that specified environmental performance targets are being achieved. iii. Compliance monitoring: This type of monitoring is implemented to ensure that the prescribed mitigation measures are effective. Further, it ensures that the level of environmental parameters is compliant with the laws, regulations, and standards stipulated in the legal framework for environmental protection identified in the EMP. |
Art.7 (d)
The legal framework allows for the collection and organization of data derived from identification and monitoring activities pursuant to subparagraphs (a), (b) and (c) of article 7 of CBD, by any mechanism.
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FISHERIES REGULATIONS.
PART VIII. VESSEL MONITORING SYSTEM. Section 50. There shall be a Fisheries Monitoring Centre in the Ministry of Agriculture which shall be responsible for operating a Vessel Monitoring System (VMS) for the effective monitoring, control and surveillance of fishing activities. |
Art.8 (a)
The legal framework allows for the creation of a system of protected areas or areas where special measures are taken to conserve biological diversity..
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PROTECTED AREAS ACT. (whole act is relevant)
Section 3. The objectives of this Act are- (a) To provide for the conservation of biological diversity , natural landscapes, seascapes and wetlands. (c) to establish a national protected areas system ([...]) |
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WILDLIFE CONSERVATION, MANAGEMENT AND SUSTAINABLE USE REGULATIONS.
Section 7 (1) The Commission may enter into an agreement with the Guyana Lands and Survey Commission, the Guyana Forestry Commission, the Guyana Geology and Mines Commission for any land or area under the control of those Commissions for the use of the land or area for the management, conservation and protection of wildlife. Section 8 (1) The Commission may enter into agreements upon such terms and conditions as shall be mutually agreed with a private land owner, for the use of the land for the management , conservation and protection of wildlife. |
Art.8 (b)
The legal framework allows for the development of guidelines for the selection, establishment and management of protected areas or areas where special measures are taken to conserve biodiversity.
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PROTECTED AREAS ACT.
PART IV - ESTABLISHING NATIONAL PROTECTED AREAS Section 25. The Commission may recommend to the Minister that an area of public lands be declared a national protected area. Section 27. (1) A proposal shall (a) describe the location and boundaries of the proposed national protected area (b) state how the proposed national protected area will further the objectives of this Act; (e) identify the threats to species, habitats or ecosystems; ( d) identify migratory, endangered, threatened or vulnerable species. Section 29. Upon receiving the recommendation of the Commission the Minister shali seek the approval of the Cabinet within thirty days; if approved, the Minister shall publish a notice in the Gazette and in at least one daily national newspaper stating the intention to create a national protected area and the notice shall - (a) provide sufficient information for the public to understand the reasons for establishing the proposed national protected area, including how it will fit within the national protected areas system; (b) identify the proposed area; (e) state the classification proposed for the area; (d) request all persons, communities and other entities who exercise or claim rights over the area to notify the Minister in writing of those rights and claims. (e) invite interested persons to make written submissions to the Commission about the proposed 'protected area; (f) specify an address to which submissions shall be sent and the date by which submissions must be made; (g) indicate whether public rneetings shall be held to receive additional submissions. Section 33. (l) The Minister may by order declare an area of public lands to be a national protected area- (a) upon the recommendation of the Commission; or (b) if the Minister considers that it is appropriate to make the declaration in order to achieve the objectives of this Act. PART V-AMERINDIAN PROTECTED AREAS Section 34. A Village Council may apply to the Commission for village lands or any part thereof to be recognised as an Amerindian protected area. Section 3 7. lf the Commission is satisfied that the proposed Amerindian protected area is viable the Commission and the Village Council may submit a joint request to the Minister for the Minister to declare the area as an Amerindian protected area and the request shall include the following - (a) the classification proposed for the Amerindian protected area; (b) a copy of the management plan as developed by the Commission and the Village Council and approved by the Board; (c.) a written agreement between the Commission and the Village Council specifying, the number of years that the protected area will be an Amerindian protected area; (d) a statement from the Commission that the declaration of the Amerindian protected area will further the objectives of the Act. PART VI- PROTECTED AREAS MANAGEMENT Section 41. The objectives of a protected area are to (a) conserve biodiversity; (b) safeguard ecological processes; (e) protect migratory, rare, threatened or endangered species; (d) protect the habitats of migratory, rare, threatened or endangered species; (e) protect an area of ecological significance which is vulnerable or threatened Section 42. (1) A protected area within the natíonal protected areas system may be classiíied as - (a) Strict Nature Reserve (b) Wilderness Reserve; (e) National Park; (d) Natural Monument; (e) Management Area for Habitat or Species ; (f) Protected Landscape or Seascape; or (g) Managed Resource Protected Area. (2) The classification in subsection (1) should be consistent with the lnternational Union for the Conservation of Nature guidelines for applying protected area managemem categoríes. |
Art.8 (c)
The legal framework allows for the regulation or management of biological resources important for the conservation of biodiversity, within or outside protected areas, to ensure their conservation and sustainable use.
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FISHERIES REGULATIONS. Part VII. Protection of Turtles.
Section 71. No protected species shall be harvested except with the written permission of an authorised officer. |
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PROTECTED AREAS ACT.
Section 41. The objectives of a protected area are to (a) conserve biodiversity; (b) safeguard ecological processes; (e) protect migratory, rare, threatened or endangered species; (d) protect the habitats of migratory, rare, threatened or endangered species; (e) protect an area of ecological significance which is vulnerable or threatened |
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WILDLIFE CONSERVATION, MANAGEMENT AND SUSTAINABLE USE REGULATIONS.
Section 4.(1) The Minister may, in consultation with the Commission and the Scientific Committee, by notice, declare any wildlife to be classified for the purposes of these Regulations. (2) For the purposes of these regulations wildlife may be classified in the following categories (a) Vulnerable Species which shall be listed in Part l of the First Schedule; (b) Endangered Species which shall be listed in Part II of the First Schedule; and (e) Critically Endangered Species which shall be listed in Part I1I of the First Schedule; Section 7.(1) The Commission may enter into an agreement with the Guyana Lands and Surveys Commission, the Guyana Forestry Commission or the Guyana Geology and Mines Commission, upon such terms and conditions as shall be mutually agreed, for any land or arca under the control or authority of the Guyana Lands and Surveys Commission, the Guyana Forestry Commission or the Guyana Geology and Mines Commission for the use of the land or area for the management, conservation and protection of wildlife. |
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MARITIME ZONES ACT- PART XII and PART XIII.
Section 46. The Minister may by order designate- (b) ([...]) Marine Protected Areas. |
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ENVIRONMENTAL PROTECTION ACT.
Section 11 (1). A developer of any project listed in the Fourth Schedule, or any other project which may significantly affect the environment shall apply to the Agency for an environmental permit ([...]) FOURTH SCHEDULE-PROJECTS |
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IWOKRAMA INTERNATIONAL CENTER FOR RAINFOREST CONSERVATION ACT.
An Act to provide for the sustainable management and utilisation of approx. 360,000 ha of Guyana's Tropical Rainforest ([...]) and the conservation of biological diversity. KAIETEUR NATIONAL PARK ACT. An Act to constitute a certain area of land ([...]) a National Park and provide for the preservation of ([...]) fauna and flora on the said park. |
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KAIETEUR NATIONAL PARK ACT.
An Act to constitute a certain area of land ([...]) a National Park and provide for the preservation of ([...]) fauna and flora on the said park. |
Art.8 (d)
The legal framework allows for the protection of ecosystems and natural habitats, and for the maintenance of viable populations of species in natural surroundings.
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PROTECTED AREAS ACT.
Section 24 The objectives of the national protected areas system are to - (b) protect ecologically viable areas representative of all ecosystems and habitats naturally occurring in Guyana, and its natural landscapes and seascapes. Section 28 (1) Before making a recommendation to the Minister the Commission shall - (b) consider whether the area is adequate for maintaining biodiversity and ecosystem services including the habitat requirements of species, minimum viable population sizes, connectivity to enable movement of wildlife, natural boundaries; Section 44. A Strict Nature Reserve must be managed - (a) to preserve habitats, species and ecosystems in as undisturbed states as possible; Section 55. A Management Area for Habitat or Species shall - ( a) contain a habitat which is important for the survival of a species or must contain a significant species or both; (b) be an area rhat requ ires significant management intervention to ensure the maintenance of the habitat or of the species. Section 56. A Management Area for Habitat or Species must be managed to protect the habitat and species and to prevent conflicting human occupation or use. |
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WILDLIFE CONSERVATION, MANAGEMENT AND SUSTAINABLE USE REGULATIONS.
The Commission shall, be responsible for the administration of these Regulations and shall discharge the following functions - (a) based on regular, sound scientific research determine the critical breeding periods and habitats for wildlife; (b) identify populations at risk and populations in recovery and, as a consequence, declare any period of the year as Closed Season for wildlife collecting. Wildlife regulations. Section 7 (1). The Commission may enter into an agreement with the Guyana Lands and Survey Commission, the Guyana Forestry Commission, the Guyana Geology and Mines Commission for any land or area under the control of those Commissions for the use of the land or area for the management, conservation and protection of wildlife. Section 8 (1). The Commission may enter into agreements upon such terms and conditions as shall be mutually agreed with a private land owner, for the use of the land for the management , conservation and protection of wildlife. Section 10 (2). The Commission shall not grant a licence under these Regulations unless it is satisfied that the action authorised will not be detrimental to the survival of the population of the species |
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WILDLIFE CONSERVATION AND MANAGEMENT ACT.
Section 6(1). The functions of the Commission shall be to – (x) determine and cause to be published the annual “closed season” timeframe for the hunting, trapping and trade of species of wild fauna, which annual “closed season” timeframe shall be determined through the process of consultation with stakeholders and the conduct of scientific research on the said species and that of threatened species and species in population recovery in their natural habitat. (g) provide recommendations to the Minister on measures for the protection of endangered or threatened ecosystems and habitats of species of wildlife (o) promote scientific research and knowledge of wildlife, within their natural habitats and for ex situ conservation management. Section 9 (1). The functions of the Wildlife Scientific Committee shall be, but are not limited to, the following – (b) to advise the Commission of the measures which should be taken including the establishment of quotas, to limit the grant of export permits when the population status of a species of wild flora and fauna so requires; |
Art.8(e)
The legal framework allows for the promotion of environmentally sound and sustainable development in areas adjacent to protected areas as a way to increase their protection
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PROTECTED AREAS ACT.
Section 20. The duties of the Commissioner are to - (a) coordinate approaches to biodiversity conservation and sustainable use of natural resources in and around protected areas; (e) promote research and environmental education programmes in and around protected areas; (f) promote environmentally sound land use planning in and around protected areas Section 21. Within one year of being appointed the Commissioner must prepare and present to the Board for approval a system plan which shall - (b) describe the national protected areas system and identi fy protected areas and buffer zones on a map. Section 36. The Commission shall assess the application taking into account the following factors - (e) the extent to which the site will contribute to the overall effectiveness of the national protected areas system, including acting as an extension to· or buffer zone for a national protected area. Section 69 (a). A management plan may include - (a) provisions for zoning according to different management needs and uses and conservation objectives |
Art.8 (f)
The legal framework allows for the rehabilitation and restoration of degraded ecosystems, in particular through the development and implementation of management plans or strategies.
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PROTECTED AREAS ACT.
Section 3. The objectives of this Act are - (i) to promote the rehabilitation of degraded areas and the restoration of ecological integrity. Section 67. An authority responsible for preparing a management plan shall take into account the following matters (d) conservation of biological diversity, maintenance and restoration of ecosystems and ecological processes, maintenance and restoration of populations of endangered, migratory, threatened or vulnerable species and their habitats; (i) actions to ensure the conservation of biological diversity , maintenance and restoration of ecosystems, habitats, populations of endangered, threatened and vulnerable species |
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WILDLIFE CONSERVATION, MANAGEMENT AND SUSTAINABLE USE REGULATIONS.
Section 9 (2). Preparation of Management Programme- The objectives of the programme (wildlife conservation areas) shall be the maintenance, care, study and restoration of the natural environment, the protection and care of wild animals and plants, the propagation thereof, the promotion of the study of wild animals and plants to which the scheme relates and such other objects relating to the conservation and protection of animals and plants as the Commission considers appropriate. |
Art.8 (f)
The legal framework allows for the promotion of the recovery of threatened species, in particular through the development and implementation of management plans or strategies.
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PROTECTED AREAS ACT.
Section 67. An authority responsible for preparing a management plan shall take into account the following matters (d) conservation of biological diversity, maintenance and restoration of ecosystems and ecological processes, maintenance and restoration of populations of endangered, migratory, threatened or vulnerable species and their habitats; (i) actions to ensure the conservation of biological diversity , maintenance and restoration of ecosystems, habitats, populations of endangered, threatened and vulnerable species. |
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WILDLIFE CONSERVATION, MANAGEMENT AND SUSTAINABLE USE REGULATIONS.
Section 9 (2). Preparation of Management Programme-The objectives of the programme (wildlife conservation areas) shall be the maintenance, care, study and restoration of the natural environment, the protection and care of wild animals and plants, the propagation thereof, the promotion of the study of wild animals and plants to which the scheme relates and such other objects relating to the conservation and protection of animals and plants as the Commission considers appropriate. |
Art. 8 (g)
The legal framework allows for the regulation, management or control of risks associated with the use of living modified organisms resulting from biotechnology likely to have adverse effects on the conservation and sustainable use of biodiversity, taking also into account risks to human health
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ENVIRONMENTAL PROTECTION ACT.
Section 11 (1). A developer of any project listed in the Fourth Schedule, or any other project which may significantly affect the environment shall apply to the Agency for an environmental permit ([...]) FOURTH SCHEDULE-PROJECTS Section 7. The release, use or keeping of any genetically modified organisms. |
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BIOTECHNOLOGY, BIOSAFETY AND BIOSECURITY POLICY.
4.2. Objectives of a national policy 1. To guide the judicious use of modern biotechnology in Guyana for sustainable development in ways which do not jeopardise human or environmental health including Guyana’s biodiversity and genetic resources ([...]) 2. Ensure effective control of trans-boundary movement of GMOs or products thereby resulting from modern biotechnology through exchange of information and a scientifically based, transparent system of advance informed agreement ([...]) 4.3.1 Scope. This policy covers all GMOs and their products, all LMOs and all elements of genetic materials used in genetic manipulation. 4.3.3 Institutional framework. The competent body shall be the National Biotechnology and Biosafety Council of Guyana ([...]) All GMOs must be identified and labelled such that they can be traced. Products thereof must also be labelled stating the fact that there is evidence of the presence of GMOs in the product. Labelling is also required to indicate that the presence of GMOs in a product cannot be excluded, if this were the case. |
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CUSTOMS ACT. Prohibited Restricted Exports- Includes LMO´S
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NATIONAL BIODIVERSITY STRATEGY AND ACTION PLAN.
Appendix 2 specific training for border and customs inspectorate on Genetically Modified Organisms (GMOs), quarantined plants and animals, etc. should be conducted. |
Art.8 (h)
The legal framework allows for preventing the introduction of, controlling or eradicating alien species that threaten ecosystems, habitats or species.
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WILDLIFE CONSERVATION, MANAGEMENT AND SUSTAINABLE USE REGULATIONS.
Section 2. (m)"exotic wildlife" means any wildlife species that is not native to Guyana; Section 32.(1) No person shall release exotic wildlife into the environment of Guyana without the written permission of the Commission. (2) Exotic wildlife shall not be bred or kept for commercial purposes without the written permission of the Commission. |
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ANIMAL HEALTH ACT. PART IV. IMPORT AND EXPORT (TERRESTRIAL).
PART V- IMPORT AND EXPORT AQUATIC. NATIONAL BIOTECHNOLOGY. |
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BIOSAFETY AND BIOSECURITY POLICY
Prevention and exclusion – preventing entry and establishment of pests and unwanted organisms capable of causing unacceptable harm to the economy, environment and people’s health; 2. Surveillance and response – early detection, identification and assessment of pests and unwanted organisms capable of causing unacceptable harm and where appropriate, deployment of a rapid and effective incursion response that maximises likelihood of eradication; 3. Pest management – effective management (including eradication, containment and control) of established pests and unwanted organisms capable of causing harm to the economy, environment and people’s health. |
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WILDLIFE CONSERVATION AND MANAGEMENT ACT.
Section 47. Where, in accordance with any law relating to quarantine, a person, exercising powers under that law, brings into Guyana a specimen that is subject to quarantine, that specimen shall not be taken to have been imported unless and until it is released from quarantine. Section 34 (2) Subject to section 36, where the Commission, on the advice of the Wildlife Scientific Committee, in relation to an application for an Import Permit is satisfied that – (e) the import proposed is in the best interest of Guyana. PART VII- IMPORTATION, EXPORTATION, RE-EXPORTATION AND INTRODUCTION FROM THE SEA. PART VIII- COMMERCIAL IMPORTATION AND EXPORTATION OF WILDLIFE |
Art.8 (j)
The legal framework allows for the respect, preservation and maintenance of the knowledge and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biodiversity, and encourages the equitable sharing of benefits arising from the use of such knowledge, innovations and practices.
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PROTECTED AREAS ACT.
Section 3. The objectives of this Act are - (g) to give appropriate recognition to the conservation efforts and achievements of Amerindian Villages and Amerindian Communities; PART V- AMERINDIAN PROTECTED AREAS (all section). Section 72. An Amerindian community or Amerindian village which has or which claims traditional rights within a national protected area shall notify the management authority of such rights and the management authority may carry out an investigation in order to verify the existence of such traditional rights. Section 73. In order to protect traditional rights the management authority for a national protected area may enter into an agreement with each Amerindian community and Amerindian village which has traditional rights in the national protected area and the agreement may provide for - (a) the use of scientific methodologies to assess the levels at which use is sustainable; (b) systems for monitoring and recording the exercise of traditional rights; (e) systems for reporting any threats to traditional rights including any use or extraction of resources which is not authorised under a traditional right or otherwise permitted in the management plan; (d) recognition of the spiritual relationship which the Amerindian community or Amerindian village has with the national protected area or any part of it; (e) identification of sacred places and measures to ensure their protection; (f) the management of any archaeological sites identified under section 79; (g) confirmation that the management authority has complied with section 58 (3) (b) of the Amerindian Act.. Section 80. Where an archaeological site has been created by or is attributable to an Amerindian village or Amerindian community, the Commission shall consult that Amerindian vil lage or Amerindian community and may enter into an agreement with the Amerindian village or Amerindian community as appropriate for the preservation of the archaeological site. |
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WILDLIFE CONSERVATION, MANAGEMENT AND SUSTAINABLE USE REGULATIONS.
Section 4 (3) Any institution or individual in possession of traditional knowledge scientific or anecdotal information indicating that the status of any species of wildlife has changed shall present such information to the Commission. Section 6 (1) The Commission shall, within twenty-one days of the commencement of each year, by notice published in the Official Gazette, declare a Closed Season in respect of wildlife specified in the notice. (2) The Commission in consultation with the Wildlife Scientific Committee, and considering the traditional knowledge and traditional hunting practices of Amerindians, from time to time, by notice published in the Official Gazette, declare such Closed Season, in addition to that specified in paragraph (1), in respect of wildlife specified in the notice, and may place such restrictions on the taking and or disposal of such wildlife as deemed necessary. Section 9 (6) A programme prepared for an area under paragraph (1) is subject to existing rights under Amerindian titles, concessions, leases and permits granted in respect of an area and shall identify such existing rights. Section 19 (1) The Minister may, in consultation with Village Councils and Amerindian Communities, in order to ensure the continuance of the traditional rights of Amerindians within the boundaries of Village Lands and any extensions thereof, exempt any Amerindian or group of Amerindians from the provisions of these Regulations relating to the collecting of wildlife or the keeping or confining of any animal in captivity. (2) Where the Minister grants the exemption to any Amerindian or group of Amerindians under paragraph (1) it shall be a condition of in such exemption that such Amerindians shall not use such wildlife for any other purpose other than subsistence or medicinal purposes or such other purpose as the Minister may specify. |
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AMERINDIAN ACT.
Section 14 (1). A Village Council may, in the exercise of its functions, makes rules governing- (e) The protection and sustainable management of wildlife including restrictions on hunting, fishing, trapping, poisoning, setting fires and other interference with wildlife. Section 13 (1). The functions of a Village Council are to - (i) protect and preserve the Village's intellectual property and traditional knowledge; (m) access to research into and recording and publication of intellectual property and traditional knowledge which belongs to the Village |
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IWOKRAMA INTERNATIONAL CENTRE FOR RAIN FOREST CONSERVATION AND DEVELOPMENT ACT.
Section 6 (1). Nothing in this Act shall be construed to prejudice, alter or affect any right or privilege heretherfore legally or traditionally possessed, exercised or enjoyed by any Amerindian who has a particular connection with an area of land within or neighbouring the Programme Site. (2) To ensure adequate consultation with, and involvement of, the Amerindian Communities in the activities of the Programme, a process of dialogue and interchange of views with the said community shall be embarked upon by the Centre. Section 8 (3). The Centre shall develop and adopt procedures for recognising and rewarding the contributions of Amerindian and other rural communities in the conservation and improvement of genetic resources of economically useful plant and animal species. The Centre shall also take steps to protect, recognise and reward the intellectual knowledge and contributions of indigenous communities in the field of sustainable forest management through an appropriate intellectual property rights system. |
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NATIONAL POLICY ON ABS.
SECTION 2. POLICY STATEMENT AND OBJECTIVES-c. Facilitate access on the basis of free and prior informed consent on mutually agreed terms, with respect to national sovereignty and the rights of citizens, with particular regard to the genetic resources and knowledge held by Amerindian and local communities. e. Promote fair and equitable sharing of the benefits arising from the use of genetic resources and associated knowledge between the Government of Guyana and Foreign Parties; and among national partners (GoG, Amerindian and local communities, and other stakeholders). SECTION 3.2.- 4. Responsibilities of the EPA- f. Mechanisms for the effective participation of different stakeholders in accordance with the different steps in the process of Access and Benefit-Sharing, including Amerindian and local communities; g. Mechanisms for the effective participation of Amerindian and local communities while promoting the objective of having decisions and processes available in an understandable language to stakeholders. 5. Specifically, the EPA will follow up on and ensure that the research findings will be forwarded to the national partners, including Amerindian and local communities. SECTION 3- The application pathway- 3. The final contract will be negotiated by the EPA, through its Secretariat, with the applicant. When more stakeholders are involved, the Secretariat and applicant shall, for instance, include an Amerindian community in the negotiations. This will be on the basis of free and prior informed consent and in accordance with the provisions of the Amerindian Act and other relevant national laws and regulations. SECTION 5.2. COLLECTIVE IPRS- The existing statutory regime in Guyana includes conventional approaches to Intellectual Property Rights (IPRs) that embody individualistic notions of property rights and property ownership. But the GoG also acknowledges collective forms of ownership of IPRs. Specifically, this policy recognises that Amerindian and traditional knowledge is as much intellectual property as scientific knowledge which, prima facie, conforms to the prerequisites for protection under a conventional IPR regime. Accordingly, the GoG supports: 1. Amerindian and local communities as guardians of their knowledge and having the right to protect and control the dissemination of that knowledge; 2. Amerindian and local communities in their right to create new knowledge based on cultural traditions; 3. Mechanisms for the protection of the knowledge of Amerindian and local communities; and 4. Gender-specific rights to protect, control, and create traditional knowledge. |
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NATIONAL BIODIVERSITY STRATEGY AND ACTION PLAN
SO4.6 Implement the actions related to the ABS Protocol. By 2015, finalize the ABS regulations. |
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GUIDELINES FOR BIODIVERSITY RESEARCH.
(31) that the Agreement, whether it be Academic or Commercial, shall include a provision for the payment of an agreed part of any financial gain, including royalties, derived from the research and/or development of any biological or genetic material taken from Guyana, to the Guyana Government, local or indigenous cultural community, individual person or designated beneficiary in the event that a commercial application is discovered. Further, that entities which develop commercial applications and are obliged to share their profits with the Government of Guyana, shall consent to independent public accountants examining such books and records as are necessary to ensure accurate payment in conformity with whatever financial agreement was arranged; |
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KAIETEUR NATIONAL PARK ACT.
Section 3 (1) (a). Nothing in this Act shall be construed as being in derogation of any right, privilege or freedom hitherto exercised by Amerindian People, who shall continue to enjoy such right, privilege or freedom, to fish, hunt and generally to forage and in doing so to promote sustainable forest and wildlife management. |
Art.8 (k)
The legal framework allows for the protection of threatened species and populations.
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FISHERIES REGULATIONS. Part VII. Protection of Turtles.
Section 71. No protected species shall be harvested except with the written permission of an authorised officer. |
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PROTECTED AREAS ACT.
Section 3. The objectives of this Act are - (k) to promote the recovery and rehabilitation of species which are vulnerable, threatened or endangered. Section 28 (1). Before making a recommendation to the Minister the Commission shall - (a) assess the biological diversity of the area including identifying species and habitats, migratory, endangered, threatened or vulnerable species and threats to species or habitats. Section 36. The Commission shall assess the application taking into account the following factors - (a) the biological diversity of the area including species and habitats, migratory, endangered, threatened or vulnerable species, and threats to species or habitats. Section 41. The objectives of a protected area are to - (e) protect migratory, rare, threatened or endangered species. Section 68. A management plan for a national protected area, an Amerindian protected area or a privately managed protected area shall contain the following (i) actions to ensure the conservation of biological diversity, maintenance and restoration of ecosystems, habitats, populations of endangered, threatened and vulnerable species. Section 119. Any person who kills or harms in a national protected area any wild animal that Belong-. to an endangered, vulnerable or threatened species commits an offence and is liable of the penalties prescribed in paragraph (c) of the Fourth Schedule. |
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WILDLIFE CONSERVATION, MANAGEMENT AND SUSTAINABLE USE REGULATIONS.
Section 3. The Commission shall, be responsible for the administration of these Regulations and shall discharge the following functions - (b) identify populations at risk and populations in recovery and, as a consequence, declare any period of the year as Closed Season for wildlife collecting. Section 4 (2). For the purposes of these regulations wildlife may be classified in the following categories (a) Vulnerable Species which shall be listed in Part l of the First Schedule; (b) Endangered Species which shall be listed in Part II of the First Schedule; and (e) Critically Endangered Species which shall be listed in Part III of the First Schedule; (7) The Minister may from time to time, by notice published in the Official Gazette, declare that any wildlife specified in the notice is for the purposes of these Regulations, wildlife which is critically endangered, endangered or vulnerable, or is otherwise in need of special protection and while such declaration is in operation such wildlife is protected throughout the whole of Guyana at all times. (8) A person commits an offence by collecting, holding in captivity, hunting, killing or otherwise molesting the wildlife referred in paragraph (7) above, and is liable, notwithstanding any other provision of these Regulations, to the penalty specified in paragraph E of the Sixth Schedule of the Act. Section 5 (1). The Minister may, from time to time, on recommendation of the Commission, by notice published in the Gazette, delete or re-classify any wildlife or species of wildlife under this regulation and thereupon that wildlife or species of wildlife is deleted or re-classified as the case may be. (2) Where the re-classification of any wildlife is due to a determination being made that such wildlife is critically endangered, endangered or vulnerable, the Commission shall within one year prepare a Management Plan that would specify the conservation activities that will be undertaken to either halt the continued decline of the population or assist in the stabilisation and or recovery of the species to a secure status. Section 6 (1). The Commission shall, within twenty-one days of the commencement of each year, by notice published in the Official Gazette, declare a Closed Season in respect of wildlife specified in the notice. FIRST SCHEDULE. Part I- Critically Endangered. Part II- Endangered. Part III- Vulnerable. |
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WILDLIFE CONSERVATION AND MANAGEMENT ACT.
Section 6 (1). The functions of the Commission shall be to – (f) devise measures for the protection of endangered or threatened species of wildlife; (x) determine and cause to be published the annual “closed season” timeframe for the hunting, trapping and trade of species of wild fauna, which annual “closed season” timeframe shall be determined through the process of consultation with stakeholders and the conduct of scientific research on the said species and that of threatened species and species in population recovery in their natural habitat; such research shall include but not be limited to that of their nesting patterns, breeding cycles, reproduction units and mortality predictions; Section 9 (1). The functions of the Wildlife Scientific Committee shall be, but are not limited to, the following – (b) to advise the Commission of the measures which should be taken including the establishment of quotas, to limit the grant of export permits when the population status of a species of wild flora and fauna so requires. Section 3(1). This Act applies to all wildlife species including those listed in – (a) the First Schedule which lists all species included in Appendix I of the Convention; (b) the Second Schedule which lists all species included in Appendix II of the Convention; (c) the Third Schedule which lists all species included in Appendix III of the Convention. PART VII -IMPORTATION, EXPORTATION, RE-EXPORTATION AND INTRODUCTION FROM THE SEA (CITES provisions). FIRST, SECOND AND THIRD SCHEDULES (CITES Appendixes). |
Art. 9 (a)
The legal framework allows ex situ conservation of the components of biodiversity (including fauna), preferably in the country of origin of the components.
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WILDLIFE ZOO REGULATIONS.
Section 4. Zoos shall have as part of its objectives the following: (a) participating in the following conservation measures: (i) research from which conservation benefits accrue to the species or ecosystems; (ii) training in relevant conservation skills; (iii) the exchange of information relating to species conservation; and (iv) where appropriate, captive breeding, repopulation or reintroduction of species into the wild. |
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WILDLIFE CONSERVATION AND MANAGEMENT ACT.
Section (1). The functions of the Commission shall be to – (o) promote scientific research and knowledge of wildlife, within their natural habitats and for ex situ conservation management. (z) promote the ex-situ and in-situ conservation of biological diversity and to contribute to the establishment of standards and regulations for that purpose. |
Art.9 (b)
The legal framework allows for the creation and maintenance of facilities for ex situ conservation of, and research on, animals and micro-organisms, preferably in the country of origin of genetic resources..
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WILDLIFE CONSERVATION, MANAGEMENT AND SUSTAINABLE USE REGULATIONS.
Section 17 (1). The Commission may, for such time and subject to such conditions as it deems fit, grant a Special Wildlife Licence which shall entitle the holder to hunt, keep or confine in captivity any wildlife specified therein for any of the following purposes - (a) scientific research; (b) collection of wildlife for zoological parks or botanical gardens, museums and similar institutions; (e) any other purpose that the Commission may deem appropriate. |
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WILDLIFE ZOO REGULATIONS.
Section 4. Zoos shall have as part of its objectives the following: (a)participating in the following conservation measures: (i) research from which conservation benefits accrue to the species or ecosystems; (ii) training in relevant conservation skills; (iii) the exchange of information relating to species conservation; and (iv) where appropriate, captive breeding, repopulation or reintroduction of species into the wild. |
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GUIDELINES FOR BIODIVERSITY RESEARCH.
(8) that all collections under an Academic Research Agreement shall be used only for taxonomic, conservation, ecological or biogeographic investigations ([...]) |
Art.9 (c)
The legal framework allows for the recovery and rehabilitation of threatened species and their reintroduction into their natural habitats under appropriate conditionsns.
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WILDLIFE ZOO REGULATIONS.
Section 4. Zoos shall have as part of its objectives the following: (a)participating in the following conservation measures: (i) research from which conservation benefits accrue to the species or ecosystems; (ii) training in relevant conservation skills; (iii) the exchange of information relating to species conservation; and (iv) where appropriate, captive breeding, repopulation or reintroduction of species into the wild. |
Art.9 (d)
The legal framework allows for the regulation and management of the collection of biological resources from natural habitats for ex situ conservation purposes to ensure that it does not threaten in-situ ecosystems and species.
No relevant elements identified/documented |
Art.10 (a)
The legal framework allows for the integration of conservation and sustainable use of biodiversity considerations into national decision-making.
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FISHERIES REGULATIONS.
PART VII. Protection of turtles. |
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PROTECTED AREAS ACT.
Section 68. A management plan for a national protected area, an Amerindian protected area or a privately managed protected area shall contain the following (k) a procedure for identifying traditional rights and traditional mining privileges. Section 69. A management plan may include- (e) commercial activities that are compatible with the objectives of the protected area and within the protected area's carrying capacity; (d) provision for ecologically sustainable tourism within the protected area or partnership with local communities. |
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WILDLIFE CONSERVATION, MANAGEMENT AND SUSTAINABLE USE REGULATIONS.
Section 2. In these Regulations unless the context otherwise requires: "management" is the decision-making process that results in any of the following conservation, preservation, protection, sustainable use, rehabilitation or restoration. |
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WILDLIFE CONSERVATION AND MANAGEMENT ACT.
An Act to provide for the protection, conservation, management, sustainable use, internal and external trade of Guyana's wildlife |
Art.10 (b)
The legal framework allows for the adoption of measures relating to the use of biological resources that avoid or minimize adverse impacts on biodiversity.
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WILDLIFE CONSERVATION, MANAGEMENT AND SUSTAINABLE USE REGULATIONS.
Section 3. (b). identify populations at risk and populations in recovery and, as a consequence, declare any period of the year as Closed Season for wildlife collecting. Section 10 (2). The Commission shall not grant a licence under these Regulations unless it is satisfied that the action authorised will not be detrimental to the survival of the population of the species concerned. Section 11 (2). A Wildlife Trapping Licence shall - (a) be in such form as the Commission determines; (b) specify the equipment which may be used, with special consideration of the requirement for humane trapping; (e) require the licensee to demonstrate knowledge and skills of trapping, handling and care of the wildlife thus trapped; (d) be valid for up to a period of one year, and may (e) be renewable annually on application; (f) not be transferable; and (g) be subject to such other terms and conditions as specified by the Commission. (3) A Wildlife Trapping Licence may - (a) specify the sizes, numbers and species of wildlife to be trapped; and (b) specify the location(s) from which they may be trapped. (5) Every holder of a Wildlife Trapping Licence shall submit, on or before the date specified in the licence, a report that accurately sets out the numbers, dates and places of wildlife trapped by the holder. (AND ALL PART IV ON LICENCES). PART V- OFFENCES AND PENALTIES. SIXTH SCHEDULE- Prohibited methods and devices. |
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WILDLIFE CONSERVATION AND MANAGEMENT ACT.
Section 6. The functions of the Commission shall be to - (x) determine and cause to be published the annual “closed season” timeframe for the hunting, trapping and trade of species of wild fauna, which annual “closed season” timeframe shall be determined through the process of consultation with stakeholders and the conduct of scientific research on the said species and that of threatened species and species in population recovery in their natural habitat; such research shall include but not be limited to that of their nesting patterns, breeding cycles, reproduction units and mortality predictions. Section 9. (1) The functions of the Wildlife Scientific Committee shall be, but are not limited to, the following – (b) to advise the Commission of the measures which should be taken including the establishment of quotas, to limit the grant of export permits when the population status of a species of wild flora and fauna so requires. (2) The duties of the Wildlife Scientific Committee shall be – (d) to monitor the export permits granted for any wildlife specified in the First, Second and Third Schedules and any other wildlife and authorisations given for the export of other wildlife not within the scope of section 3, as well as actual exports of such specimens; and to advise the Commission of suitable measures to be taken to limit the grant of export permits and authorisations when it has determined that it is necessary to maintain the species throughout its range at a level consistent with its role in the ecosystems, and well above the level at which that species may become eligible for inclusion in the First Schedule; PART VII- IMPORTATION, EXPORTATION, RE-EXPORTATION AND INTRODUCTION FROM THE SEA. PART VIII- COMMERCIAL IMPORTATION AND EXPORTATION OF WILDLIFE. PART XII- KEEPING OF RECORDS. PART XIII- OFFENCES AND PENALTIES. FISHERIES REGULATIONS. PARTV V. FISHING GEAR, EQUIPMENT AND DEVICE. |
Art.10 (c)
The legal framework allows for the protection and promotion of the customary use of biological resources in accordance with traditional cultural practices that are compatible with conservation or sustainable use requiremen.
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PROTECTED AREAS ACT.
PART V- AMERINDIAN PROTECTED AREAS (all section). Section 72. An Amerindian community or Amerindian village which has or which claims traditional rights within a national protected area shall notify the management authority of such rights and the management authority may carry out an investigation in order to verify the existence of such traditional rights. Section 73. In order to protect traditional rights the management authority for a national protected area may enter into an agreement with each Amerindian community and Amerindian village which has traditional rights in the national protected area and the agreement may provide for - (a) the use of scientific methodologies to assess the levels at which use is sustainable; (b) systems for monitoring and recording the exercise of traditional rights; (e) systems for reporting any threats to traditional rights including any use or extraction of resources which is not authorised under a traditional right or otherwise permitted in the management plan; (d) recognition of the spiritual relationship which the Amerindian community or Amerindian village has with the national protected area or any part of it; (e) identification of sacred places and measures to ensure their protection; (f) the management of any archaeological sites identified under section 79; (g) confirmation that the management authority has complied with section 58 (3) (b) of the Amerindian Act. |
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WILDLIFE CONSERVATION, MANAGEMENT AND SUSTAINABLE USE REGULATIONS.
Section 6 (1). The Commission shall, within twenty-one days of the commencement of each year, by notice published in the Official Gazette, declare a Closed Season in respect of wildlife specified in the notice. (2) The Commission in consultation with the Wildlife Scientific Committee, and considering the traditional knowledge and traditional hunting practices of Amerindians, from time to time, by notice published in the Official Gazette, declare such Closed Season, in addition to that specified in paragraph (1), in respect of wildlife specified in the notice, and may place such restrictions on the taking and or disposal of such wildlife as deemed necessary. Section 9 (6). A programme prepared for an area under paragraph (1) is subject to existing rights under Amerindian titles, concessions, leases and permits granted in respect of an area and shall identify such existing rights. Section 19 (1). The Minister may, in consultation with Village Councils and Amerindian Communities, in order to ensure the continuance of the traditional rights of Amerindians within the boundaries of Village Lands and any extensions thereof, exempt any Amerindian or group of Amerindians from the provisions of these Regulations relating to the collecting of wildlife or the keeping or confining of any animal in captivity. (2) Where the Minister grants the exemption to any Amerindian or group of Amerindians under paragraph (1) it shall be a condition of in such exemption that such Amerindians shall not use such wildlife for any other purpose other than subsistence or medicinal purposes or such other purpose as the Minister may specify. |
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AMERINDIAN ACT.
Section 2. In this Act. "traditional right" means any subsistence right or privilege, in existence at the date of the commencement of this Act, which is owned legally or by custom by an Amerindian Village or Amerindian Community and which is exercised sustainably in accordance with the spiritual relationship which the Amerindian Village or Amerindian Community has with the land, but it does not include a traditional mining privilege. |
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IWOKRAMA INTERNATIONAL CENTRE FOR RAIN FOREST CONSERVATION AND DEVELOPMENT ACT.
Section 6 (1). Nothing in this Act shall be construed to prejudice, alter or affect any right or privilege heretherfore legally or traditionally possessed, exercised or enjoyed by any Amerindian who has a particular connection with an area of land within or neighbouring the Programme Site. (2) To ensure adequate consultation with, and involvement of, the Amerindian Communities in the activities of the Programme, a process of dialogue and interchange of views with the said community shall be embarked upon by the Centre. Section 8 (3). The Centre shall develop and adopt procedures for recognising and rewarding the contributions of Amerindian and other rural communities in the conservation and improvement of genetic resources of economically useful plant and animal species. The Centre shall also take steps to protect, recognise and reward the intellectual knowledge and contributions of indigenous communities in the field of sustainable forest management through an appropriate intellectual property rights system. |
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KAIETEUR NATIONAL PARK ACT.
Section 3 (1) (a) Nothing in this Act shall be construed as being in derogation of any right, privilege or freedom hitherto exercised by Amerindian People, who shall continue to enjoy such right, privilege or freedom, to fish, hunt and generally to forage and in doing so to promote sustainable forest and wildlife management. |
Art.10 (d)
The legal framework allows for the adoption of measures to support local populations in the development and implementation of remedial action in degraded areas where biodiversity has been reduced.
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WILDLIFE CONSERVATION, MANAGEMENT AND SUSTAINABLE USE REGULATIONS.
Section 8 (1) The Commission may enter into agreements upon such terms and conditions as shall be mutually agreed with a private landowner, for the use of the land for the management, conservation and protection of wildlife. (2) Any agreement concluded pursuant to paragraph ( 1) may - (a) identify the species of wildlife; (b) identify the status of the wildlife; (e) require a map of the area involved; (d) impose on the person who has an interest in the land obligations in respect of the use of the land; (e) impose on the person who has an interest in the land restrictions on the exercise of rights over the land; (f) provide for the carrying out of such work as may be expedient for the purposes of the agreement by any person or persons; (g) provide for any matter for which a management programme relating to the area has been developed; (h) provide for the making of payments by either party to the other party or to any other person; and (i) contain incidental and consequential provision. |
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PROTECTED AREAS ACT.
Section 34.A Village Council may apply to the Commission for village lands or any part thereof to be recognised as an Amerindian protected area. Section 4 (f). the principle of local benefit - local people should be provided with training and education relevant to job placement opportunities in the national protected area system. Section 69 (e). education, training and other provisions to develop local capacity to take advantage of commercial opportunities in and around protected areas. |
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WILDLIFE MANAGEMENT AND CONSERVATION ACT.
Section 6 (1) The functions of the Commission shall be to –(aa) facilitate, promote and support mechanisms, whereby local indigenous villages may participate in the effective protection, conservation, management and sustainable use of wildlife on their titled lands. |
Art.10 (e)
The legal framework allows for a public–private cooperation in developing methods for sustainable use of biological resources.
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PROTECTED AREAS ACT.
Section 6. In this Act (w) "privately managed protected area" means an area held under a conservation lease and declared a privately managed protected area under Part VI. |
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WILDLIFE CONSERVATION, MANAGEMENT AND SUSTAINABLE USE REGULATIONS.
Section 8 (1). The Commission may enter into agreements upon such terms and conditions as shall be mutually agreed with a private landowner, for the use of the land for the management, conservation and protection of wildlife. (2) Any agreement concluded pursuant to paragraph ( 1) may - (a) identify the species of wildlife; (b) identify the status of the wildlife; (e) require a map of the area involved; (d) impose on the person who has an interest in the land obligations in respect of the use of the land; (e) impose on the person who has an interest in the land restrictions on the exercise of rights over the land; (f) provide for the carrying out of such work as may be expedient for the purposes of the agreement by any person or persons; (g) provide for any matter for which a management programme relating to the area has been developed; (h) provide for the making of payments by either party to the other party or to any other person; and (i) contain incidental and consequential provision. |
Art.11
The legal framework allows for the adoption of economically and socially sound measures that act as incentives for the conservation and sustainable use of components of biodiversity.
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PROTECTED AREAS ACT.
Section 4 (f). the principle of local benefit - local people should be provided with training and education relevant to job placement opportunities in the national protected area system. Section 69 (e). education, training and other provisions to develop local capacity to take advantage of commercial opportunities in and around protected areas. Section 69. A management plan may include -(d) provision for ecologically sustainable tourism within the protected area in partnership with local communities (e) education, training and other provisions to develop local capacity to take advantage of commercial opportunities in and around protected areas. |
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IWOKRAMA INTERNATIONAL CENTRE FOR RAIN FOREST CONSERVATION AND DEVELOPMENT ACT.
Section 8 (3). The Centre shall develop and adopt procedures for recognising and rewarding the contributions of Amerindian and other rural communities in the conservation and improvement of genetic resources of economically useful plant and animal species. The Centre shall also take steps to protect, recognise and reward the intellectual knowledge and contributions of indigenous communities in the field of sustainable forest management through an appropriate intellectual property rights system. |
Art.12 (a)
The legal framework allows for the establishment of programmes for scientific and technical education and training in measures for the identification, conservation and sustainable use of biodiversity and its components.
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FISHERIES REGULATIONS. PART X. TRAINING AND RESEARCH.
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PROTECTED AREAS ACT.
Section 4 (f). the principle of local benefit - local people should be provided with training and education relevant to job placement opportunities in the national protected area system. Section 20.The duties of the Commissioner are to - (e) promote research and environmental education programmes in and around protected areas. Section 21. Within one year of being appointed the Commissioner must prepare and present to the Board for approval a system plan which shall - (g) identify the training and education needed to increase management effectiveness in protected areas. Section 35. ( l) An application (to an Amerindian Protected Area) shall include the following - (k) proposals for education and training to enable members of the Amerindian village to fulfil the personnel requirements identified. Section 69. A management plan may include - (e) education, training and other provisions to develop local capacity to take advantage of commercial opportunities in and around protected areas. |
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IWOKRAMA INTERNATIONAL CENTRE FOR RAIN FOREST CONSERVATION AND DEVELOPMENTACT.
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WILDLIFE CONSERVATION AND MANAGEMENT ACT.
Section 6. (1) The functions of the Commission shall be to – (n) disseminate information and promote education, training and awareness of wildlife conservation, management, sustainable use, the international wildlife trade and implementation of the Convention. |
Art.13
The legal framework allows for the promotion and encouragement of activities directed at raising public education and awareness on the importance of biodiversity
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PROTECTED AREAS ACT.
Section 8. The functions of the Commission are to - (h) promote public understanding, appreciation and awareness of Guyana's natural heritage and promote environmental awareness and education through the national protected areas system. Section 64. The site level authority shall - (e) promote public understanding, appreciation and awareness of the protected area. Section 69. A management plan may include -(b) public education, public awareness and outreach. |
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WILDLIFE CONSERVATION AND MANAGEMENT ACT.
Section 6. (1) The functions of the Commission shall be to – (n) disseminate information and promote education, training and awareness of wildlife conservation, management, sustainable use, the international wildlife trade and implementation of the Convention. |
Art.14 (1-a)
The legal framework allows for environmental impact assessment of projects likely to have significant adverse effects on biodiversity, and for public participation where appropriate.
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ENVIRONMENTAL PROTECTION ACT.
Section 11 (1). A developer of any project listed in the Fourth Schedule, or any other project which may significantly affect the environment shall apply to the Agency for an environmental permit ([...]) (4) Every environmental impact assessment shall be carried out by an independent and suitably qualified person approved by the Agency and shall:- (a) identify, describe and evaluate the direct and indirect effects of the proposed project on the environmental including:-;(ii) flora and fauna and species habitats ([...]) (6) Before any EIA is begun the Agency shall, at the developer's cost, publish in at least one daily newspaper a notice of the project and make available to members of the public the project summary (7) Members of the public shall have 28 days from the date of the publication ([...]) to make written submissions to the Agency setting out those questions and matters which they require to be answered or considered in the EIA. (8) The Agency shall after consultation ([...]) set the terms and scope of the EIA taking into account any submissions made under subsection (7). (9) During the course of the EIA the developer and the person carrying out the EIA shall- (a) Consult members of the public, interested bodies, and organizations ; (B) Provide to members of the public on request ([...]) copies of information obtained for the purpose of the EIA. (10) The developer shall submit the EIA ([...]) to the Agency...and publishing a notice in at least one daily newspaper...and members of the public shall have 60 days from the commencement of publication to make such submissions to the Agency as they consider appropriate. (11) The EIA shall and the environmental impact statement shall be public documents. ([...]) Section 12. (1) The Agency shall approve or reject the project after taking into account- (b) The views expressed during the consultations under section 11 (9). FOURTH SCHEDULE- PROJECTS. ([...]) The release, use or keeping of any genetically modified organisms ([...]) |
Art.14 (1-b)
The legal framework allows for due consideration of environmental consequences of national programmes and policies likely to have significant adverse impacts on biodiversity.
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ENVIRONMENTAL PROTECTION ACT
Section 4. (1) The functions of the Agency are: - m. to advise the Minister on the criteria and thresholds of activity for specifying what may amount to a significant effect on the environment. N. to advise on matters of general policy relating to the protection, conservation and care of the environment as may be assigned to it by the Minister by or under this Act or any other law |
Art.14 (1-c)
The legal framework promotes, based on reciprocity, collaboration with other States, through notification, exchange of information and consultation, on activities likely to have significantly adverse effects on biodiversity beyond the limits of national jurisdiction
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PROTECTED AREAS ACT.
Section 8 (l) The functions of the Commission are to -coordinate and exchange information with other public authorities, the Board of Trustees, Village Councils, non-overrented organisations, international organisations and other relevant bodies in furtherance of the objectives of this Act. Section 64. The site level authority shall - (f) coordinate and exchange information with other public authorities, Village Councils, non-govemmental organisations, international organizations, and other relevant bodies in accordance with the management plan. |
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ENVIRONMENTAL PROTECTION ACT.
Section 4. The functions of the Commission are- (k) To establish and coordinate institutional linkages locally, nationally, regionally and internationally. |
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BIOTECHNOLOGY, BIOSAFETY AND BIOSECURITY POLICY. Guyana shall endeavour to cooperate with other states particularly its neighbours, to ensure the safe use of biotechnology within its borders and protection from illegal trans-boundary movements
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WILDLIFE CONSERVATION AND MANAGEMENT ACT.
Section 6. (1) The functions of the Commission shall be to – (y) promote cooperation with any agency of any country, international organisation, regional, national or other person or entity in matters relating to the conservation, management and sustainable use of wildlife. (v) advise on the compliance of the Government of Guyana with regional and international obligations and treaties relating to conservation, management and sustainable use of wildlife; PART VII- IMPORTATION, EXPORTATION, RE-EXPORTATION AND INTRODUCTION FROM THE SEA. |
Art.14 (1-d)
In the case of imminent or grave danger or damage, originating under the State's jurisdiction or control, to biological diversity within the area under jurisdiction of other States or in areas beyond the limits of national jurisdiction, the legal framework allows for:
- immediate notification to potentially affected States; and
- adoption of measures to prevent or minimize such danger or damage.
- immediate notification to potentially affected States; and
- adoption of measures to prevent or minimize such danger or damage.
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Art.14 (1- e)
The legal framework allows for the establishment of national arrangements for emergency responses to activities or events, whether caused naturally or otherwise, that present a grave and imminent danger to biodiversity, and encourages international cooperation to supplement national efforts (including through the adoption of joint contingency plans).
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ENVIRONMENTAL PROTECTION ACT. Section 27. (1) ([…]) Where it appears to the Agency that any activity in any area is such as to pose- (a) a serious threat to natural resources or the environment; or (b) risk of serious pollution of the environment or any damage to public health, the Agency shall serve on the person responsible for the activity, a prohibition notice (6) Where the person to whom a notice is issued under subsection (1) fails to comply with the prohibition ([...]) the Minister in coordination with other approved governmental entities may undertake such emergency response activities as are required to protect human health or the environment.
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